In a Decision – L.S. & L.V. v. F.S. & S.P.M.,, , (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the finding of the Trial Judge that the Grandparents failed to meet their burden to establish that any of the children would be exposed to any harm if grandparent visitation was denied.
There exists the presumption against interference with the parents' fundamental rights. It was determined that that absent a court order, a parent who agreed orally or in writing to allow grandparent visitation was free to withdraw from that agreement unless the significant harm required by the Act was established. Importantly, the parents all oppose visitation and are undisputedly fit parents. In their complaint, the grandparents admit they were never permanent caretakers of the children and merely allege that the prohibition on visitation will cause the children to suffer generally if they were to lose their contact with the grandparents. This justification is insufficient. Where a grandparent cannot make a threshold showing of harm, the complaint should be dismissed.